NISHIMURA v. GENTRY HOMES, LTD.

No. SCWC-13-0000137.

338 P.3d 524 (2014)

134 Haw. 143

Thomas NISHIMURA, Colette Nishimura, Individually and on Behalf of a Class of All Persons Similarly Situated, Petitioners/Plaintiffs-Appellees, v. GENTRY HOMES, LTD., a Hawai`i Domestic Profit Corporation, Respondent/Defendant-Appellant, and Simpson Manufacturing Co., Inc., a Delaware Corporation; Simpson Strong-Tie Company, Inc., a California Corporation, Defendants.

Supreme Court of Hawai`i.

October 31, 2014.


Attorney(s) appearing for the Case

Melvin Y. Agena , Honolulu, for petitioners.

Ryan H. Engle , Honolulu, for respondent.

RECKTENWALD, C.J., NAKAYAMA, McKENNA, POLLACK, and WILSON, JJ.


I. Introduction

This appeal raises an issue of first impression in Hawai`i: what standard applies in reviewing the enforceability of an arbitrator-selection provision? We adopt the "fundamental fairness" standard set forth by the United States Court of Appeals for the Sixth Circuit in McMullen v....

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